Forming of new managing committee

Roland Noronha (Querist) 11 August 2013 This query is : Resolved
Dear Sir / Madam,

The 5 years term of the Managing Committee has expired. AGM was held on 11AUG13. Is it in order to elect new Managing Committee. Understand from some people that the Election for the New Managing Committee has to take place in the presence of the Registrar. Inotherwords, Society members cannot elect the Members for the Managing Committee themselves. Grateful, please clarify.

Thank you
Roland

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Raj Kumar Makkad (Expert) 11 August 2013
You have heard wrong. Registrar may send his representative to observe the election process but the members of the soceity have only to elect their office bearers.

Rajendra K Goyal (Expert) 12 August 2013
Registrar or his representative presence may be as observer for the election.

ajay sethi (Expert) 12 August 2013
as per amendment to cooperative socieites act all elections will now be held by state govt . you have to intimate six months in advance of expiry of term of MC

prabhakar singh (Expert) 12 August 2013
In month of April 2013,an ordinance was issued by Governor of Maharashtra to amend
cooperative societies Act.As per the new set of rules co-operative societies will have upper cap on the strength of the committee members. The change in the rules also make it mandatory for the cooperative societies to set up an in-house grievance redressal forum to resolve the issues of the sector.

Dr J C Vashista (Expert) 13 August 2013
Since Cooperative socities are governed by State Laws, there is slight variation in state to state, however, by and large these are the similar.
Delhi Cooperative Societies Rules, 2007 stipulates that the managing committee can appoint an eligible "Non-Member"as Returning Officer to conduct elections of Managing Committee for next 3 years.

Raj Kumar Makkad (Expert) 13 August 2013
Intimation and conduct of election may be through State but the basic question is who shall elect office bearers and its sole answer is members of the soceity.

Dr J C Vashista (Expert) 15 August 2013
Delhi Cooperative Societies Rules have empowered MC of the society for conducting next MC elections and intimate results to Registrar Cooperative Societies through the Returning Officer .
Alternatively, if Registrar is approached he will appoint the Returning Officer

Guest (Expert) 15 August 2013
Dear Mr. Noronha,

It matters much in which state your society exists, as almost all state have their own Cooperative Societies Acts with some or the other difference in provisions.

So, to avoid any confusion for you through replies based on acts of different states, you may better make a mention in which your society is registered.